THE SPECIAL LAND ACQUISITION OFFICER (3) Vs. DY. CHIEF ENGINEER, METROPOLITAN TRANSPORT PROJECT (RAILWAY)
HIGH COURT OF BOMBAY
The Special Land Acquisition Officer (3)
Dy. Chief Engineer, Metropolitan Transport Project (Railway)
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(1.) Heard the learned counsel for the parties. This is a Reference under section 18 of the Land Acquisition Act, 1894 (said Act) for detaining the compensation in respect of the acquired land.
(2.) Few facts of the matter are, as under: The Dy. Chief Engineer, Construction, Metropolitan Transport Project (Railways), Vashi, Navi Mumbai had forwarded a proposal to the Collector, Mumbai Suburban District by letter dated 05.11.1996 for acquiring the claimant's land admeasuring 800.70 sq.mtr. from CTS No.90 (pt) of village Vikhroli, Tq. Kurla, Mumbai Suburban District for laying of 5th and 6th railway line between Kurla and Thane for Central Railways. Pursuant to the said request, the Special Land Acquisition Officer (SLAO), after following due process of law issued Notification under section 4 dated 1st September, 1997 of the said Act. Same was published in Government Gazette, Konkan Division Supplement dated 25.09.1997 at page Nos.704 and 705. Same was also published in daily news papers "Loksatta" dated 22.09.1997 and "Indian Express" dated 24.09.1997. Thereafter a public notice was posted at Chavdi on 14.10.1997, on notice board of Tahasildar's office on 17.10.1997, on the site of acquired land on 15.10.1997 and notice board in the Collector's Office on 18.10.1997.
(3.) After following due process of law, the SLAO issued Notification under section 6 of the said Act dated 01.01.1998 and same was published in Maharashtra Government Gazette, Konkan Division, (Supplement) dated 22.01.1998 at page Nos.92 and 93. It was also published in news paper known as "Navnagar" on 09.01.1998, "Indian Express" dated 12.01.1998 and in "Mahanagar" dated 10.01.1998 with corrigendum dated 06.02.1998. Same was also published on 23.07.1998 at chavdi, on 07.08.1998 on notice board of Tahasildar office, on 23.07.1998 on the site by the Talathi and on 22.07.1998 on the notice board in the Collector's Office. Thereafter, the SLAO issued notice under section 9(3)(4) of the said Act.;
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